FO LEY ATTORNEYS AT LAW a NEWYORK, NY 10016-1314 FOLEY & LARDNER LLP □□□ pap ax WWW.FOLEY.COM WRITER’S DIRECT LINE 212.338.3442 [email protected]

June 16, 2025 Via ECF The Honorable Judge John G. Koeltl APPLICATION GRANTED United States District Court SO ORDERED Southern District of New York 500 Pearl Street Cl New York, NY 10007 6/7 2D Na cfcba John G. Koeiltl, U.S.D.J. Re: | NCR Voyix Corporation v. Embarcadero Technologies Europe Limited; Case No. 1:24-cv-04458-JGK Dear Judge Koeltl, We represent defendant and counterclaim plaintiff Embarcadero Technologies Europe Limited (“Embarcadero”), and we write, pursuant to Section VII of the Court’s Individual Practices to respectfully request the Court’s permission to seal, in connection with Embarcadero’s Reply in Further Support of its Motion for Summary Judgment, Embarcadero’s Reply Memorandum of Law in Further Support of its Motion for Summary Judgment solely to redact (1) quotations from emails produced by NCR in discovery and stamped as confidential (the “Confidential Documents”), (2) quotations from the parties’ March 31, 2023 Settlement and Release Agreement (“SA”), and (3) quotations from the Declaration of Stephen Ball in Opposition to Plaintiff and Counterclaim Defendant’s Motion for Summary Judgment (ECF 114) (the “Opposition Ball Decl.”). Section 8 of the SA includes a confidentiality provision that designates the entire agreement as confidential, and, as relevant here, the SA contains significant commercially sensitive terms, including a settlement amount payable under the SA and specifically negotiated license pricing terms. Notably, the Court has already permitted the SA to be filed under seal in in this litigation. See ECF No. 15. Quotations from the Opposition Ball Decl. are redacted to prevent disclosure of commercially sensitive information regarding Embarcadero’s technology. See BakeMark USA LLC v. Negron, 23- CV-2360,

, at *2 (S.D.N.Y. Jan. 16, 2024) (“[C]ourts in this District routinely permit parties to seal or redact commercially sensitive information in order to protect confidential business and financial information.”). The Court has also already permitted the Opposition Ball Decl. to be filed under seal in this litigation. See ECF No. 116. Pursuant to Section 16 of the Agreed Protective Order (ECF No. 37), Embarcadero seeks to redact quotations from the Confidential Documents in the first instance to give NCR an opportunity to move to seal them. Undersigned counsel met and conferred with opposing counsel, who have consented to this application. AUSTIN DETROIT MEXICO CITY SACRAMENTO TAMPA BOSTON HOUSTON MIAMI SAN DIEGO WASHINGTON, D.C. CHICAGO JACKSONVILLE MILWAUKEE SAN FRANCISCO BRUSSELS DALLAS LOS ANGELES NEW YORK SILICON VALLEY TOKYO DENVER MADISON ORLANDO TALLAHASSEE

sFOLEY

FOLEY & LARDNER LLP

June 16, 2025 Page 2

We thank the Court for its attention to this matter.

Respectfully Submitted, /s/ Christopher A. DeGennaro Christopher A. DeGennaro